test" of candidates who possess statutory qualification. This "trade test" is mandatory part of recruitment on the post of semi skilled workman ... direct recruitment for the post of "Semi Skilled Workman" trade test as prescribed is mandatory.
Question No. (c) Whether under the facts
that the workmen were workmen of the petitioner. The Hon'ble Apex Court further held that if the livelihood of the workmen substantially depends ... test to determine the relationship of employer and the workman was the test of control and not the method of payment.... 'Piece rate payment
workman, the finding recorded by the Labour Court that the workman was an employee of IFFCO need not be interfered to.
Merely because the workman ... master and servant relationship between the principal employer and the workman. But where a workman is hired in or in connection with the work
permanent workman in the Standing Orders. The proper construction of the definition of a permanent workman therefore is: A workman engaged on a work ... before us that on the facts found all the 11 workmen satisfy this test. The conclusion of the Labour Appellate Tribunal that these
Banking Service Recruitment Board and as none of the workmen has passed the test, the award directing their reinstatement is unjustified. Reliance has been placed ... ends of justice to relegate the concerned workmen to any test conducted by the Banking Service Recruitment Board to judge their suitability for the post
workmen too has relied upon the said test in this Court. This test has been considered by Krishna lyer, J. In paragraph 161IV ... paragraph 161III(c). Likewise, the case of the workmen that the predominant nature of the activity test, as laid down in paragraph 161IV
they were eligible and qualified in the test whereas the workman did not and therefore his services were governed by the terms and conditions ... been able to pass test for regularization also is without merit. Discharge of workman on ground of his failure to pass confirmation test has been
Supreme Court was considering the question as to who is a workman and test for determination was the primary and basic duties performed ... contention of the employers therein that the claimant was not a workman and held him to be a workman despite managerial or supervisory duties being
piece rated Workman' and held
If every piece rated workman is an independent contractor, lakhs and lakhs of workmen in various industries where payment ... test to determine me relationship of employer and the workman was the test of control and not the method of payment. Piece-rate payment meaning
paid above the statutory limit, the employee was not a workman. Applying that test, this Court in the case of Pfizer Ltd (supra) held Area ... could never be said that the respondent was a workman. Applying those tests, it is clear, that the conclusion of the Labour Court
